McGinnis v. McGinnis (P)

The circuit court lacked authority in awarding a divorcing wife a lump sum award of $150,000 in “equitable restitution.”

Circuit courts are limited to the authority granted to them by statute. Here, the circuit court acknowledged fashioning a remedy neither of equitable distribution nor of spousal support, but instead of “equitable restitution.” But it had no authority to make this award in the context of a divorce proceeding. The circuit court’s decision is reversed, and its award of $150,000 is vacated.

McGinnis v. McGinnis (P), No. 0678-18-2, Dec. 11, 2018. CAV (Beales) from Chesterfield (Hauler).



Categories: Court of Appeals of Virginia, Opinions, Published

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